Current through Register Vol. 50, No. 9, September 20, 2024
A. This section applies to emergency
situations that an executive order or proclamation of emergency or disaster
pursuant to
R.S.
29:724 or
R.S.
29:766 has not been issued.
B. The FNR approvals for a licensed and
Medicaid certified NF, ARCP,ICF/DD, hospice, PDHC, BHSP provider of CPST, PSR,
or OTP services, or an HCBS provider of RC, PCA, SIL, or MIHC services that is
rendered unable to provide services to the public because of an emergency
situation or disaster, including, but not limited to, fire, flood, tornado, or
other condition that the provider is not primarily responsible, shall remain in
effect and shall not be terminated, revoked, or considered to have expired for
a period not to exceed two years for a NF and ARCP, and one year for an ICF/DD,
hospice, PDHC, BHSP of CPST, PSR, and OTP services, or an HCBS provider of RC,
PCA, SIL, or MIHC services, following the date of such emergency situation or
disaster, provided that the following conditions are met:
1. the NF, ARCP, ICF/DD, hospice, PDHC, BHSP
of CPST, PSR, and OTP services, or an HCBS provider of RC, PCA, SIL, or MIHC
services shall submit written notification to the HSS within 30 calendar days
of the date of the emergency situation or disaster that:
a. the NF, ARCP, ICF/DD, hospice, PDHC, BHSP
provider of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA, SIL, or
MIHC services has experienced an interruption in the provisions of services as
a result of conditions that are described in
§12551 B;
b. the NF, ARCP, ICF/DD, hospice, PDHC, BHSP
of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA, SIL, or MIHC
services intends to resume operation as a NF, ARCP, ICF/DD, hospice, PDHC, BHSP
of CPST, PSR, or OTP services, or an HCBS provider of RC, PCA, SIL, or MIHC
services in the same service area;
i. if the
ICF/DD was approved through an RFP, the ICF/DD shall conform to the
requirements of the RFP as defined by the department; and
c. includes an attestation that the emergency
situation or disaster is the sole causal factor in the interruption of the
provision of services;
2.
the NF, ARCP, ICF/DD, hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an
HCBS provider of RC, PCA, SIL, or MIHC services resumes operating in the same
geographic service area, within two years for a NF or ARCP, and within one year
for an ICF/DD, hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS
provider of RC, PCA, SIL, or MIHC services of the non-declared emergency or
disaster; and
3. the NF, ARCP,
ICF/DD, hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider
of RC, PCA, SIL, or MIHC services continues to submit the required
documentation and information to the department, as requested.
E. The provisions of this Section
shall not apply to:
1. a NF, ARCP, ICF/DD,
hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC,
PCA, SIL, or MIHC services that has voluntarily surrendered its FNR bed
approval; or
2. a NF, ARCP, ICF/DD,
hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS provider of RC,
PCA, SIL, or MIHC services that fails to resume operations in the same
geographic service area, within two years for a NF or ARCP, and within one year
for an ICF/DD, hospice, PDHC, BHSP of CPST, PSR, or OTP services, or an HCBS
provider of RC, PCA, SIL, or MIHC services of the non-declared emergency or
disaster.
F. Failure to
comply with any of the provisions of this Section shall be deemed a voluntary
surrender of the FNR bed approvals.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
40:2116 et
seq.
